eBook- Father's Essential Guide to Child

1. The Father's Essential Guide Child Support & Child Custody in Utah

2. TABLE OF CONTENTS Introduction................................................................................1 Types of Custody.............................................................2-3 How to File for Custody....................................................4 Factors for Determining Custody.........................5-6 Gathering & Organizing Evidence........................7-9 How Child Support is Calculated......................10-11 Modification of Orders.....................................................12 Contact Us................................................................................13 WallLegalSolutions.com W&W

3. INTRODUCTION Not only is divorce a highly stressful, emotional life- changing experience, it is a time when important decisions need to be made. Emotions sometimes get in the way of making sound decisions such as those involving child custody and support. The state of Utah encourages parents to form their own parenting plans without court intervention if this is at all possible. Who the children live with, visitation schedules, who pays support and how much is paid are all issues spouses can make if they can still communicate with each other. In some cases for some couples, it is impossible for them to come to an agreement concerning custody, visitation and support. Court intervention is required to settle these important issues. Men are affected as much as women by the process. They face losing custody of their children and becoming occasional interlopers in their children’s lives as they strive to maintain their visitation rights. If you are contemplating a divorce, or going through one at this time, you need the legal services of attorneys who are experienced in working on behalf of fathers in resolving custody and child support issues. The lawyers can assist you in avoiding common mistakes and in fighting for custody and child support orders that are in the best interest of you, your children and your spouse or ex-spouse. WallLegalSolutions.com W&W - 1 -

4. TYPES OF CUSTODY Primary Physical Custody: The child will live with you and have visitation with the noncustodial parent. Joint physical custody: You and your spouse will put together a parenting plan for the children to spend equal time living with each parent. Courts often are resistant to this type of plan, finding that it is too disruptive to the children. Sole Physical Custodywith Joint Legal Custody: If you have sole physical custody, the children will live with you. Joint legal custody means that you share in decision making on issues such as child care, education and health care. WallLegalSolutions.com W&W - 2 -

5. TYPES OF CUSTODY Joint Legal and Joint Physical: Children live with both parents and both parents make important decisions about their children. Joint custody is most successful when both parents communicate well with one another and are willing to work together to take care of the children's needs. Joint legal custody means that both parents make decisions about major issues affecting the children by working together. Joint physical custody means that the children live at least 111 nights a year in the home of each parent. For practical reasons, joint physical custody works best when both parents live in the same general area. Sole Physical and Legal Custody: The children live with you and you have authority to make all the decisions for them. Split Custody: This arrangement means that each parent is awarded the sole physical custody of at least one of the children when there is more than one child. Legal custody of the children by the non-custodial parent may or may not be shared as ordered by the court. WallLegalSolutions.com W&W - 3 -

6. HOW TO FILE FOR CUSTODY How to File for Temporary/Joint and Sole Custody of Your Children: It is important to obtain temporary joint or sole custody of your children if you plan on fighting for permanent custody. If you are awarded temporary sole custody, at the final custody hearing you can show how well the children have adjusted and argue that disrupting them would not be in their best interest. If you get joint physical custody, you can offer evidence to the court that the children thrive when they are with you and that to be with you full time is in their best interest. WallLegalSolutions.com W&W - 4 -

7. FACTORS FOR DETERMINING CUSTODY According to Utah state law, the family court is to determine what is in the best interest of the children in making custody and visitation orders. In making this determination, the court is forbidden from giving preference to either parent based on the biological sex of the parent. Both mother and father are to be given equal consideration based on the following factors: WallLegalSolutions.com W&W - 5 -

8. FACTORS FOR DETERMINING CUSTODY • The relationship the children have with each parent. • Which parent is most likely to encourage a relationship with the noncustodial parent. • Past conduct of each parent in relationship to moral standards. • Whether either parent has exposed the children to harmful material such as pornography. • Whether there is any evidence of domestic violence or child abuse by one parent. • The children’s desire to live with one parent or the other. This is given weight, but is not controlling. • Possible disruption of the children’s school location and extracurricular activities in which they are involved. • Whether important relationships, such as with grandparents or step-siblings will be adversely affected. • Ability of the parent to provide financial and emotional support of the children. • Criminal history of the parents. The court presumes that joint legal custody is in the best interest of the children, but that presumption can be rebutted by a preponderance of the evidence demonstrating that this custody arrangement would not be in the best interest of the children. WallLegalSolutions.com W&W - 6 -

9. GATHERING & ORGANIZING EVIDENCE If your spouse is fighting you and you want custody, you will need to present the court as much evidence as you can that supports your claim, that it is in the best interest of your children for you to have physical and legal custody of them. The first step is to be scrupulously honest with your attorney. Think of anything you may have done that is the slightest bit out of line. You can be sure your spouse will bring it up in an attempt to thwart your attempt to get custody. If your attorney knows about it, there will be no surprises and the unfortunate information can be dealt with. Document Everything. If you have temporary custody, document the activities in which your children participate. Keep track of your spouse’s visitation and whether or not any scheduled visitation is missed. A history of your spouse missing scheduled visits or allowing long periods of time to pass without visiting at all will help you in your quest for custody. WallLegalSolutions.com W&W - 7 -

10. GATHERING & ORGANIZING EVIDENCE The court may appoint an investigator. You need to have your own investigator who can interview teachers, friends, parents of your children’s friends, grandparents. Even your children’s doctors, baby sitters and neighbors may be witnesses. If you have an investigator, the investigator can testify and the investigative report introduced as evidence. Although you do not want the custody issue to develop into a battle of, “She did - but he did” between the two of you, there are some important issues that need to be addressed. Do you suspect your spouse is involved with drugs? If so, ask the court to order drug testing. A failed drug test will help you in your plight for custody. Is there any reason to believe your spouse may be a danger to the children? If so, any documentation should be obtained and presented to the court. This includes a criminal history background report. If she has been abusive to you or the children, and police reports, photographs or medical records can document this, obtain them and present them to the court as evidence. Save any voicemails, texts or emails that are threatening to you or your children. Some abusive and threatening people appear calm and in control when they show up at court hearings. WallLegalSolutions.com W&W - 8 -

11. GATHERING & ORGANIZING EVIDENCE When your spouse has temporary custody and you want full custody: In addition to the evidence already discussed, here are suggestions for when you do not have temporary custody and are hoping to obtain full custody. • Keep a visitation log and document all visits. Take a picture of you with your children as proof of the visits. • Present a workable visitation plan for the noncustodial parent. • Be cooperative in trying to work out an overall plan in the best interest of the children. • Present to the court your plan of dealing with the children’s day-to-day routines, school activities and extracurricular events. If necessary, retain a psychologist who can interview your children and help determine what is in their best interest. Your lawyer will help find an appropriate expert in this field. WallLegalSolutions.com W&W - 9 -

12. HOW CHILD SUPPORT IS CALCULATED All states, including Utah, require both parents to financially support their children. In order to determine the amount each parent is required to contribute, the court follows established state guidelines. The court begins by determining the gross income of both parents. This is not as easy as it sounds and your attorney will help you determine your gross income according to the requirements of the statute. After determining the income of each of you, the court then establishes the percentage of income you are required to contribute to the overall support of the children. Taking into consideration your custody arrangement and number of children, the court will determine the amount one parent is to pay to the other. WallLegalSolutions.com W&W - 10 -

13. HOW CHILD SUPPORT IS CALCULATED As a general rule, it usually, but not always, turns out that the noncustodial parent is ordered to pay a certain sum to the custodial parent. The court can deviate either up or down from the guidelines if it determines it would be in the best interest of the children. Some of the grounds for deviation include: • The standard of living of each parent. • Each parent’s income and level of wealth. • Each parent’s earning capacity. • Needs of each parent. • Special needs of any of the children. • Any other factor the court deems relevant. WallLegalSolutions.com W&W - 11 -

14. MODIFICATION OF ORDERS Permanent child custody and support orders are considered final. They can only be modified if there is a substantial or significant change in circumstances. The parent seeking the modification must also show that the modification is in the best interest of the children. When one order is modified, it is almost always the case that the other one is also modified. Generally, changes in circumstances that result in modification of orders include: • Increase or decrease in income of the paying parent. • Increase or increase in the needs of the children. • One of the parents wants to relocate. If one parent alleges the child is in any physical danger, the court may make an immediate modification order. WallLegalSolutions.com W&W - 12 -

15. YOU HAVE QUESTIONS, WE HAVE ANSWERS CALL 801-441-2388 FOR A FREE 30 MINUTE CONSULTATION If you are like most divorcing parents, one of your greatest concerns is the well-being of your children. A key item of dispute in many divorce proceedings is the issue of child custody. Who will get the children? If you are a divorcing parent, you need an experienced child custody lawyer who will help you maneuver the twists and turns of Utah child custody law. At Wall & Wall, P.C., we are seasoned family law attorneys who have a great deal of experience in custody matters. Contact our skilled child custody lawyers for a free consultation. WALL & WALL, ATTORNEYS AT LAW, P.C. 2168 Fort Union Blvd. Salt Lake City, Utah 84121 WallLegalSolutions.com W&W - 13 -